When parents in Florida separate or divorce, the question of how to share time with their children is often the most emotionally charged issue in the entire case. Florida has its own distinct framework for handling these disputes — one that uses different terminology than most states and places heavy emphasis on both parents remaining actively involved in their children's lives.
This guide explains how child custody and timesharing work in Florida, what courts look for when making decisions, and what you can do if an existing order needs to change.
Florida Doesn't Use the Word "Custody"
If you've been searching for "child custody attorney in Saint Augustine," you may be surprised to learn that Florida law doesn't use the term "custody" at all. Instead, Florida statutes use two distinct concepts:
- Parental Responsibility — who makes major decisions about the child's life (education, healthcare, religious upbringing, extracurricular activities).
- Timesharing — the actual schedule of when the child is physically with each parent.
Both are addressed in a parenting plan, which is a written document required in every Florida case involving minor children — whether the parents are divorcing, were never married, or are modifying an existing arrangement.
Parental Responsibility: Shared vs. Sole
Shared Parental Responsibility
Florida law strongly favors shared parental responsibility, which means both parents share decision-making authority over major aspects of the child's life. This is the default outcome in the vast majority of cases. Shared parental responsibility does not necessarily mean equal timesharing — it simply means both parents have a say in important decisions.
Sole Parental Responsibility
A court will award sole parental responsibility to one parent only in limited circumstances, typically where shared decision-making would be harmful to the child. Evidence of domestic violence, substance abuse, mental health issues affecting parenting, or a pattern of one parent undermining the other's relationship with the child may support a request for sole parental responsibility.
Timesharing: How Schedules Are Set
Timesharing refers to the physical schedule — which nights, weekends, holidays, and school breaks the child spends with each parent. Florida courts do not automatically default to any particular split. Common arrangements include:
- Equal timesharing (50/50): The child alternates weeks, or spends roughly equal time with each parent. Florida courts increasingly favor this arrangement when both parents are capable and involved.
- Primary timesharing: The child lives primarily with one parent (the "majority time" parent) and has scheduled time with the other parent.
- Supervised timesharing: In cases involving safety concerns, a third party supervises visits with one parent.
The specific schedule — including holidays, school breaks, Mother's Day/Father's Day, and summer — must be spelled out in the parenting plan.
The Best Interests of the Child Standard
Every timesharing and parental responsibility decision in Florida is governed by the best interests of the child. Florida Statute § 61.13 sets out 20 statutory factors courts must consider, including:
- Each parent's demonstrated capacity to meet the child's daily needs
- The moral fitness, mental health, and physical health of each parent
- The child's adjustment to home, school, and community
- The length of time the child has lived in a stable environment
- The geographic viability of the parenting plan
- Each parent's willingness to encourage and facilitate the child's relationship with the other parent
- Evidence of domestic violence, child abuse, or neglect
- The developmental needs of the child
- The child's preference, if the child is of sufficient maturity
No single factor is automatically determinative. Courts look at the totality of the circumstances.
What Is a Parenting Plan?
A parenting plan is a required written document in every Florida case involving minor children. It must be approved by the court. A comprehensive parenting plan addresses:
- The regular timesharing schedule (school weeks and weekends)
- Holiday and vacation schedules
- How parents will communicate with the child when the child is with the other parent
- How parents will communicate with each other about the child
- School designation and education decisions
- Healthcare decision-making authority
- Transportation responsibilities for exchanges
If parents agree on a parenting plan, the court will typically approve it as long as it meets minimum statutory requirements and serves the child's best interests. If parents cannot agree, the court will impose a plan after a hearing or trial.
Relocation: When a Parent Wants to Move
If a parent wants to relocate more than 50 miles from their current residence for more than 60 consecutive days, they must either obtain the other parent's written agreement or petition the court for approval. Relocation without consent or court approval is a serious violation that can affect timesharing rights.
Courts evaluate relocation requests by weighing the reason for the move, the impact on the child's relationship with the non-relocating parent, and how the move affects the child's overall welfare.
Modifying a Parenting Plan in Florida
Once a parenting plan is entered by the court, it cannot be changed simply because one parent prefers different terms. To modify a parenting plan, the requesting parent must prove:
- There has been a substantial, material, and unanticipated change in circumstances since the last order was entered.
- The modification is in the best interests of the child.
Examples of changes that courts have recognized as substantial include a parent's remarriage or new relationship that affects the child, a significant change in a parent's work schedule, a child's changing educational needs, evidence of domestic violence or substance abuse that emerged after the original order, or a parent repeatedly violating the existing parenting plan.
Minor disagreements or one parent simply wanting more time typically do not meet the substantial change standard.
Paternity and Unmarried Parents
When parents are not married, establishing legal paternity is a prerequisite to obtaining any timesharing rights or child support order. In Florida, paternity can be established voluntarily (by signing an acknowledgment at birth) or through a court proceeding. Once paternity is established, either parent can petition the court for a parenting plan and timesharing schedule.
Frequently Asked Questions
At what age can a child decide which parent to live with in Florida?
There is no specific age at which a child has the unilateral right to choose. Florida law allows courts to consider a child's preference when the child is of sufficient maturity and intelligence to make an informed decision — but the court is not bound by that preference. The best interests standard always governs.
Can a grandparent seek timesharing rights in Florida?
Florida law allows grandparents to petition for visitation in limited circumstances, primarily when a parent is deceased, missing, or in a persistent vegetative state, or when the child has been adjudicated dependent. Grandparent rights in Florida are narrow and require specific legal grounds.
What happens if a parent violates the parenting plan?
A parent who repeatedly violates a court-ordered parenting plan can face contempt of court proceedings, which may result in makeup timesharing, fines, or even a modification of the parenting plan to reduce that parent's time. Documenting violations carefully — dates, times, and what occurred — is important.
Does it matter who files for divorce first?
In most Florida cases, filing first does not confer a significant legal advantage. The same facts and legal standards apply regardless of who initiates the proceeding. However, the timing of filing can occasionally affect procedural matters, so it's worth discussing with an attorney if you're weighing whether to file proactively.
Talk to a Florida Child Custody Attorney
Timesharing and parental responsibility decisions have lasting effects on your children and your relationship with them. Whether you are going through a divorce, establishing a parenting plan for the first time, or seeking to modify an existing order in St. Johns County or the surrounding area, contact The Desai Firm for a free consultation. We provide direct, candid guidance on what to expect and how to proceed.